Many malpractice claims require the hiring of an expert witness to establish the malpractice which increases the cost of pursuing a claim.

Unless the malpractice is something simple and obvious, like failing to file suit within the applicable statute of limitations, a malpractice claim will have to be supported by an expert witness to prepare a report and testify at trial certifying that the professional committed malpractice and the malpractice caused damages.

This has the effect of limiting the malpractice claims pursued to those in which significant damages have occurred since the person making the claim will ultimately be responsible for the cost of hiring the expert which can be expensive.

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